Florida Senate - 2022 CS for SB 1852 By the Committee on Regulated Industries; and Senator Bradley 580-02821A-22 20221852c1 1 A bill to be entitled 2 An act relating to the reduction of human trafficking; 3 providing a short title; creating s. 509.098, F.S.; 4 prohibiting an operator of a public lodging 5 establishment from offering an hourly rate for an 6 accommodation; amending s. 796.07, F.S.; increasing 7 criminal penalties for soliciting or procuring another 8 person to commit prostitution or other specified 9 offenses or purchasing the services of a person 10 engaged in prostitution; creating s. 1004.343, F.S.; 11 creating the Statewide Data Repository for Anonymous 12 Human Trafficking Data at the University of South 13 Florida; providing purposes of the data repository; 14 specifying duties of the university; designating 15 required reporting entities; requiring specified 16 information to be reported; providing timeframes for 17 reporting; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. This act may be cited as the “Human Trafficking 22 Reduction Act.” 23 Section 2. Section 509.098, Florida Statutes, is created to 24 read: 25 509.098 Prohibition of hourly rates.—An operator of a 26 public lodging establishment may not offer an hourly rate for an 27 accommodation. 28 Section 3. Subsection (4) and paragraph (a) of subsection 29 (5) of section 796.07, Florida Statutes, are amended, and 30 paragraphs (f) and (i) of subsection (2) of that section are 31 republished, to read: 32 796.07 Prohibiting prostitution and related acts.— 33 (2) It is unlawful: 34 (f) To solicit, induce, entice, or procure another to 35 commit prostitution, lewdness, or assignation. 36 (i) To purchase the services of any person engaged in 37 prostitution. 38 (4)(a) A person who violates any provision of this section, 39 other than paragraph (2)(f) or paragraph (2)(i), commits: 40 1. A misdemeanor of the second degree for a first 41 violation, punishable as provided in s. 775.082 or s. 775.083. 42 2. A misdemeanor of the first degree for a second 43 violation, punishable as provided in s. 775.082 or s. 775.083. 44 3. A felony of the third degree for a third or subsequent 45 violation, punishable as provided in s. 775.082, s. 775.083, or 46 s. 775.084. 47 (b) A person who is charged with a third or subsequent 48 violation of this section, other than paragraph (2)(f) or 49 paragraph (2)(i), shall be offered admission to a pretrial 50 intervention program or a substance abuse treatment program as 51 provided in s. 948.08. 52 (5)(a) A person who violates paragraph (2)(f) or paragraph 53 (2)(i) commits: 54 1. A felony of the thirdmisdemeanor of the firstdegree 55 for a first violation, punishable as provided in s. 775.082,or56 s. 775.083, or s. 775.084. 57 2. A felony of the secondthirddegree for a second 58 violation, punishable as provided in s. 775.082, s. 775.083, or 59 s. 775.084. 60 3. A felony of the firstseconddegree for a third or 61 subsequent violation, punishable as provided in s. 775.082, s. 62 775.083, or s. 775.084. 63 Section 4. Section 1004.343, Florida Statutes, is created 64 to read: 65 1004.343 Statewide Data Repository for Anonymous Human 66 Trafficking Data.— 67 (1) There is created the Statewide Data Repository for 68 Anonymous Human Trafficking Data. The repository shall be housed 69 in and operated by the University of South Florida Trafficking 70 in Persons - Risk to Resilience Lab. 71 (a) The Statewide Data Repository for Anonymous Human 72 Trafficking Data shall: 73 1. Collect and analyze anonymous human trafficking data to 74 identify trends in human trafficking in the state over time. 75 2. Evaluate the effectiveness of various state-funded 76 initiatives to combat human trafficking to enable the state to 77 make evidence-based decisions in funding future initiatives. 78 3. Disseminate relevant data to law enforcement agencies, 79 state agencies, and other entities to assist in combating human 80 trafficking and apprehending and prosecuting persons responsible 81 for conducting human trafficking. 82 4. Evaluate the effectiveness of interventions and services 83 provided to assist human trafficking victims. 84 (b) The University of South Florida Trafficking in Persons 85 – Risk to Resilience Lab shall: 86 1. Design, operate, maintain, and protect the integrity of 87 the Statewide Data Repository for Anonymous Human Trafficking 88 Data. 89 2. Design, in consultation with the Department of Law 90 Enforcement and other law enforcement partners, and launch a 91 user-friendly system for efficiently reporting anonymous human 92 trafficking data to the Statewide Data Repository for Anonymous 93 Human Trafficking Data at no additional cost to reporting 94 entities. 95 3. Analyze anonymous human trafficking data to identify 96 initiatives and interventions that are effective in combating 97 human trafficking, apprehending and prosecuting persons 98 responsible for conducting human trafficking, and assisting 99 human trafficking victims. 100 4. Work with law enforcement agencies and state agencies to 101 report data on human trafficking investigations and prosecutions 102 which can aid such agencies in combating human trafficking and 103 apprehending and prosecuting persons responsible for conducting 104 human trafficking. 105 (2)(a) Except as provided in paragraph (b), the following 106 agencies and entities shall report anonymous human trafficking 107 data required under this section: 108 1. Law enforcement agencies operating with state or local 109 government tax proceeds, including, but not limited to, 110 municipal police departments, county sheriffs, and state 111 attorneys. 112 2. The Department of Law Enforcement and any other state 113 agency that holds data related to human trafficking. 114 3. Service providers and other nongovernmental 115 organizations that serve human trafficking victims and receive 116 state or federal funding for such purpose. 117 (b) A required reporting entity that submits the data 118 required under subsection (3) to the Department of Law 119 Enforcement’s Uniform Crime Report system or Florida Incident 120 Based Reporting System may, but is not required to, submit any 121 additional data to the Statewide Data Repository for Anonymous 122 Human Trafficking Data. The Department of Law Enforcement shall 123 report to the Statewide Data Repository for Anonymous Human 124 Trafficking Data, at least quarterly, the data required under 125 subsection (3) that has been reported by a required reporting 126 entity to the department. 127 (3) A required reporting entity shall submit the following 128 data to the Statewide Data Repository for Anonymous Human 129 Trafficking Data unless such entity is exempt from the reporting 130 requirement under paragraph (2)(b): 131 (a) The alleged human trafficking offense that was 132 investigated or prosecuted and a description of the alleged 133 prohibited conduct. 134 (b) The age, gender, and race or ethnicity of each suspect 135 or defendant and victim. 136 (c) The date, time, and location of the alleged offense. 137 (d) The type of human trafficking involved, whether for 138 labor or services or commercial sexual activity. 139 (e) Any other alleged offense related to the human 140 trafficking offense that was investigated or prosecuted. 141 (f) Information regarding any victim services organization 142 or related program to which the victim was referred, if 143 available. 144 (g) The disposition of the investigation or prosecution, 145 regardless of the manner of disposition. 146 (4)(a) A required reporting entity located in a county with 147 a population of more than 500,000 must begin reporting data 148 required by this section to the Statewide Data Repository for 149 Anonymous Human Trafficking Data, or to the Department of Law 150 Enforcement as authorized under paragraph (2)(b), on or before 151 July 1, 2023, and at least quarterly each year thereafter. 152 (b) A required reporting entity located in a county with a 153 population of 500,000 or fewer must begin reporting data 154 required by this section to the Statewide Data Repository for 155 Anonymous Human Trafficking Data, or to the Department of Law 156 Enforcement as authorized under paragraph (2)(b), on or before 157 July 1, 2024, and at least biannually each year thereafter. 158 Section 5. This act shall take effect upon becoming a law.